Democratic Rep. Ruben Gallego of Arizona believes that repealing the state’s 1864 abortion ban is not a long-term solution to secure abortion rights, as it could be reversed by future legislatures. He argues that the only way to protect abortion rights is to codify Roe v. Wade at the state level. Gallego suggests putting a bill on the floor to enshrine Roe and protect abortion rights in Arizona.
A potential ballot initiative in November could be a more pragmatic pathway for supporters of abortion rights in Arizona. The Arizona for Abortion Access coalition is working to put a constitutional amendment on the ballot to create a fundamental right to receive abortion care up to fetal viability with exceptions if needed to protect the life or health of the pregnant individual. The initiative has gathered more than enough signatures to qualify for the ballot but is aiming for double the required number to ensure validity.
Sen. Mark Kelly, a Democrat from Arizona, also supports the repeal of the state’s abortion ban and advocates for a federal law to protect abortion rights. He agrees with Gallego that repealing the ban alone is not sufficient and that women should have the right to make decisions about their own bodies. Despite Democratic efforts for alternative solutions, there is pressure on Republican legislators to act at the state level to reverse the ban.
Former President Donald Trump has called on the Arizona Legislature to act quickly to remedy the ban on abortion. His endorsed Republican Senate candidate, Kari Lake, is pushing Republican legislators to repeal the ban. Republican state Rep. Matt Gress believes the ban can be repealed in the coming days and is confident that the measure will pass in both the House and Senate before reaching the governor’s desk.
However, there is a conflict in timelines between Gress and Republican Speaker Ben Toma, who emphasized the need to listen to constituents and carefully consider actions rather than rushing legislation. Gress introduced a motion to repeal the ban but later voted to shut down debate on the matter, causing confusion within the Arizona House. The House is scheduled to convene again for further discussion on the repeal of the 1864 abortion ban.
